Category: News Feeds

Two things happened last week. They are not the most consequential things in the world, but they have significance if you work in legal operations or in any segment of legal technology for that matter.

I like to read. Some would say I’m old-fashioned because I like to read a physical book, not some swipe-a-page electronic device where the pages all seem to run together and not line up with the pages of the book. But lest I digress, this week I have two recommendations for legal ops pros to read.

First, Craig Ball released a paper on processing electronically stored information entitled Processing in E-Discovery. If you don’t know what processing ESI is, you may be reading the wrong column. I’ve written about processing before, and I was trying to point out a few best practices. Craig’s paper, however, takes a completely different approach. Craig goes into the weeds.

The paper starts with this introduction: “Talk to lawyers about e-discovery processing and you’ll likely get a blank stare suggesting no clue what you’re talking about. Why would lawyers want anything to do with something so disagreeably technical?” He’s right, you know. Most people don’t want to know how terribly wrong things can go when you’re attempting to take ESI from any number of disparate data sources and put that data into a uniform format for attorneys to search, review, and produce. Most people just want to know, as Craig points out, that the “stuff goes in and stuff comes out.”

Craig does a good, if not exhaustive, job of distinguishing between what most people consider documents and what in reality are files or, perhaps more aptly, data. You want to know about bits and bytes? This is your paper to read. Interested in encoding, dexiheximalisms (a word I made up), and the historical underpinnings of the decimal, base 10 systems, and binary ASCII sequences? This paper is for you.

But the paper is clearly for every-day e-discovery practitioners as well because Craig also digs in on the vital role of people who make decisions on how to process ESI and the tools used to perform processing. For instance, a common dilemma in processing ESI is time zone normalization. Craig suggests processing ESI to Coordinated Universal Time (UTC) or Greenwich Mean Time to avoid having the time stamp of an email sent from the EU to the US appear to precede the message it answers. And he does a great job explaining “de-NISTing,” the meaning and utility of “hash values” (or cryptographic hashing if your inner geek is interested), and de-duplication.

Read the paper, but also check out Craig Ball’s blog, Musings on E-Discovery and Computer Forensics, here.

The second consequential publication I saw last week was ILTA’s 2019 Technology Survey. Why is this important, you may ask? Well, it strikes me that it’s one of the most comprehensive surveys of law firm technology leaders in the industry. This year, ILTA received responses from 537 law firms.

What’s in ILTA’s 2019 survey? Well, for the public at large, it probably won’t be very exciting, but for those who work in legal operations, you’ll find answers to questions on server operating systems, desktop systems, and the most predominate word processing applications. For infrastructure folks, there’s analysis of Dell, HP, and Cisco hardware, storage solutions, and of course, use of the cloud.

It’s interesting to me to see that after many years of advocating to move law firm and client data to the cloud, a great deal of law firm data now actually resides in the cloud. We’re not just talking marketing data. Seventy percent of firms report payroll is in the cloud; 66 percent report email security is cloud-based; and more than 30 percent report that e-discovery processes are in the cloud. Overall, 72 percent of respondents report that firm adoption of cloud-based solutions will increase in the next 12 months.

Asked about the technology or trend over the next three to five years that will bring the most change to legal technology, three-quarters of respondents said the cloud and artificial intelligence/machine learning. Still, only about one-fifth of firms claim to be using or researching the use of AI tools.

ILTA’s 384-page report is remarkable for its detail, thoroughness, and the ease with which one can understand the outcomes of the survey. The Technology Survey is ILTA’s most prestigious annual publication, and it provides substantive data you can use to benchmark your organization’s technology implementations and plans. The free executive summary and the for-purchase full report are available on ILTA’s website here.

Mike Quartararo

Mike Quartararo is the President of the Association of Certified E-Discovery Specialists (ACEDS), a professional member association providing training and certification in e-discovery. He is also the author of the 2016 book Project Management in Electronic Discovery and a consultant providing e-discovery, project management and legal technology advisory and training services to law firms and Fortune 500 corporations across the globe. You can reach him via email at mquartararo@aceds.org. Follow him on Twitter @mikequartararo.

With Veterans Day this week, we decided to focus on a group that faces professional hurdles that most lawyers don’t. Attorneys married into the military find themselves moving around the country or overseas every couple of years, which presents a problem in a practice still largely geographically fixed. Joe chats with Michelle Richart, a military spouse who finds an avenue to keep her career moving as a freelance attorney. Kristin Tyler of Lawclerk also joins the show to talk specifically about how Lawclerk helps connect freelancers with projects.

A development project along Mubvinzi River in the Umwinsdale area is threatening the natural flow and availability of water in the river.

Mubvinzi River feeds into Nyaguwe River (Goromonzi District) that also feeds into Mazowe Dam.

Ground clearing has already started at the site with workers revealing that there are plans to construct lodges or a wedding venue.

Part of Mubvinzi River, which has been invaded as part of the construction project, has already been cleared to pave way for what is believed to be a swimming pool or a fishing pond.

There are concerns that tampering with the natural flow of the river will lead to negative downstream effects that will result in water shortages.

Concern is also high that there could be a backflow that will result in residents living nearby the river falling victim to flooding.

Residents are in the process of engaging the Ministry of Water and other stakeholders such as the Environmental Management Agency as part of efforts to stop the project that is threatening the natural flow of water in Mubvinzi River.

Tampering with the natural flow of rivers disturbs the established pattern of natural hydrologic variation and habitat dynamics.

Modification of natural hydrologic processes disrupts the dynamic balance between the movement of water and the movement of sediment that exists in free-flowing rivers (Dunne and Leopold 1978).

Harare and surrounding areas faces acute water shortages due to destruction of natural water sources that include wetlands.

On November 12, 2019 the Minister of State for Harare Province, Oliver Chidawu expressed concern over the continued plunder of wetlands in Harare.

He pledged to act against this unfortunate development and urged stakeholders to make collective efforts in ensuring preservation of wetlands.

As Harare Wetlands Trust, we are advocating for the preservation of water sources in their natural state hence our continued efforts to preserve water sources and ensure HARARE DOES NOT RUN DRY.

#NoWetlandsNoWater

Post published in: Featured

New bank notes and coins finally hit the streets of Zimbabwe on Tuesday after a false start the day before, with depositors forming long queues at banks and ATMs.

The new notes are part of President Emmerson Mnangagwa’s monetary reforms to have Zimbabwe revert to using its own currency in place of the US dollar and the rand. In June, Finance Minister Mthuli Ncube banned the usage of foreign currencies for the settlement of local transactions.

On Tuesday, depositors started withdrawing the new notes, in 5 and 2 Zimbabwean dollar denominations, as well as 2 dollar bond coins, from banks and cash machines. The new currency was supposed to be available on Monday but the introduction was delayed.

“We are overwhelmed today because people want the money to avoid paying premiums for their cash on the streets. I am not sure how much we will give out today but we are prepared for a busy day,” said a bank teller at a local finance institution in Harare.

By mid-morning depositors pushed and shoved each other in long queues at most of the banks in the capital. The new notes will circulate alongside and at a value equal to the quasi-currency bond notes of similar denominations introduced in 2016.

Barnabas Mbanga, 52, told Fin24 on Tuesday he managed to withdraw 300 Zimbabwean dollars from his bank account after two hours in a queue. He will use the money to pay for transport for him and his children who commute to school every day.

“I got some money but it’s not much because of the rising prices. I hope next week the banks will still have cash,” he said.

The central bank and other government officials are hoping that the new notes will help end perennial cash shortages in Zimbabwe. Because of the cash shortages, currency dealers and traders were now selling bond notes at a premium of 50%, whereby depositors and mobile wallet holders will only get half of their balances in cash.

Despite the introduction of the new notes and the number of people queuing up to withdraw the new money, some economists are skeptical the new currency will help solve Zimbabwe’s financial crisis.

Economist Steve Hanke of Johns Hopkins University in the US tweeted to say Zimbabwe will need to re-dollarize. “The only change to Zimbabwe’s new currency will be the removal of the words bond note. No one is fooled, Zimbabwe’s annual inflation rate is 513% per year. Zimbabwe must dollarize to crush inflation and ensure growth,” he tweeted on November 7.

Another economist, Vince Musewe, said on Tuesday that nothing much had changed.  “People seem very tense and angry of what they must go through to get a few [Zimbabwe dollars]. Little fights & skirmishes about nothing in the streets cause Zimbabweans are generally stressed. Life is generally brutish, stressful and unprofitable for most,” said Musewe.

Post published in: Business

The tour follows the continued plunder of wetlands, which are important water sources for Harare.

Stakeholders present during the tour visited Warren Park, Budiriro and Malbereign areas as well as the wetland located near Long Cheng Plaza in Belvedere.

Wetlands are under continued threat mainly due to urban agriculture and construction projects.

The Harare Wetlands Trust submitted to the Minister that there were a lot of grey areas concerning the issuance of Environmental Impact Assessment (EIA) certificates.

HWT said this had paved way for the continued invasion of wetlands hence the need to create ‘a one stop shop’ for the issuance of EIA certificates.

HWT also submitted that the Trust was keen to bring more evidence of wetlands invasion in Harare and that a tour of these areas would be critical.

Minister Chidawu welcomed HWT’s submissions and bemoaned that the battle to save wetlands has been raging for a number of years but the most inhibiting factor was flagrant violation of the law as well as abuse of political power.

He agreed with HWT’s position that there is an urgent need to save wetlands adding that failure to save the important water sources will result in Harare running dry.

Minister Chidawu also highlighted that urban agriculture was a serious threat to wetlands’ survival and vowed to take action against urban farmers cultivating on wetlands.

It came out during the tour that violation of the law, abuse of power, corruption and urban agriculture were the major factors behind wetlands destruction.

Below are Minister Chidawu’s comments after the wetland tour;

“In Harare Metropolitan Province the government, environmental groups and residents have for some time been running a seemingly unending battle to save wetlands from destruction due to illegal settlements.

Individuals have invaded our wetlands with impunity, constructing residential properties, commercial facilities such as shopping malls and other structures . It is quite disheartening to note that our wetlands which are vital for human survival because of their countless benefits or ecosystem services have fallen victim to these individuals who have not taken cognizance of the fact that these same wetlands are essential for the provision of ground water, flood control, climate change mitigation, food protection and biodiversity.

In Harare alone, there are 30 wetlands under the threat of illegal settlements. Let me take this opportunity dear colleagues to remind you that we are supposed to be law abiding citizens and as the Minister of State for Harare, I will leave no stone unturned to ensure we bring back sanity by making sure that all illegal settlements on our vital wetlands are removed.

In this regard I will order the Environmental Management Agency, the Harare City Council and law enforcement agents to work out a programme to weed out all the identified illegal settlements on our wetlands.”

HWT welcomes the Minister Chidawu’s remarks and we anticipate his continued efforts in saving wetlands which are important sources of water for Harare.

No Wetlands No Water.

Post published in: Featured

We just pay as we go. This year we are having a record year, so our bonuses are in record territory. It makes all those other dumb bonuses look like crap.

— William Reid IV, founding partner of Austin-based trial boutique Reid Collins & Tsai, commenting on the enormous bonuses the firm has already paid out to both associates and junior partners. Thus far, junior associates (with one to three years of experience) have been paid $85,000 to $95,000 in bonuses, senior associates (with four to five years of experience) have been paid $85,000 to $102,500 in bonuses, and salaried, nonequity junior partners (with six to 10 years of experience) have been paid $100,000 to $312,500 in bonuses. “I’m hoping to convey out there that you don’t have to go to a big firm to make money,” said Reid, who expects to pay out another round of bonuses before 2019 is over.

Staci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.

Since we broke the news of the market bonus scale for associates at large law firms in the United States — a trend that was started by Milbank on Thursday, November 7, 2019, and finally followed by Cravath on Monday, November 11, 2019 — many firms have quickly fallen in line and matched the scale. It’s still quite early in bonus season, so we’ve yet to hear from firms offering statements on why they’ve failed to match the market, and dozens upon dozens of firms have remained completely silent thus far.

As usual, we are compiling a table of all the firms that have already matched the new bonus scale, the markets where those bonus matches were made, the minimum hours required to receive those bonuses (if available), and the date those bonuses will be paid. Today, we unveil that table for your viewing pleasure. We will be updating this table on a daily basis, sometimes multiple times, as news on bonuses is announced. If you see any information here that is incorrect or needs clarification, let us know.

Help us help you now (and if/when you decide to make a lateral move in the future). Let us know what your firm’s minimum billable hours targets are for bonus eligibility and when your firm will pay those bonuses. You generally must remain at your firm until the payout date to receive them, as stated in most memos, which could make it all the more difficult for you to leave your place of employment.

As a little reminder, we love covering the Biglaw bonus season, but we need your help. As soon as your firm’s bonus memo comes out, please email it to us (subject line: “[Firm Name] Bonus”). We always keep our sources on bonus stories anonymous. There’s no need to send the memo using your firm email account; your personal email account is fine. Please be sure to include the memo as proof; we like to post complete bonus memos as a service to our readers. You can take a photo of the memo and attach as a picture if you are worried about metadata in a PDF or Word file.

Don’t forget, if you’d like to sign up for ATL’s Bonus Alerts, please enter your email address in the box below. If you previously signed up for the bonus alerts, you don’t need to do anything. You’ll receive an email notification within minutes of each bonus announcement that we publish. Cheers to a happy bonus season, everyone!

Staci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.

One of the biggest shocks I experienced as a young IP associate came after a few months as a junior associate in the New York office of a Biglaw firm. Things were busy, as I found myself being assigned to a number of cases that were in various stages of development within the IP group. Hard work and long hours were expected, so there was nothing surprising about my workload. What was shocking to my naive young legal practitioner mind, however, was that none of the cases I was working on were in New York! The shock quickly wore off as I learned that this was simply the nature of IP practice, which involves working in the main with federal laws and courts. As my career has progressed, many New York-based cases have also come along, even as the majority of my caseload nearly always seems to be centered outside of my home state. In fact, over time, the national (and increasingly international) nature of my practice has been a source of great satisfaction, both in terms of developing relationships with lawyers around the country and with getting to practice before different courts as well. 

One thing patent litigators quickly learn is that there is a great distribution of litigation talent nationwide. While the patent bar — especially the segment that handles high-stakes cases — may seem small, there is no doubt that there is a plethora of talent in every major IP locale. Moreover, technological advances and a burgeoning entrepreneurial spirit have led many former Biglaw patent litigators to open their own shops, secure in the knowledge that they can compete with their former colleagues for business and results. As a small firm owner myself, I particularly enjoy the opportunity to interact with others who have made a similar leap. Recently, I had the pleasure of meeting Michael Hilgers, a former Fifth Circuit law clerk and Fish & Richardson attorney, who also happens to be serving as a state senator for Nebraska’s District 21, serving in the nation’s only nonpartisan legislature. 

The political gig is a part-time one, as Mike is busy running the law firm he co-founded, Hilgers Graben PLLC, out of his office in Lincoln, Nebraska. With 30+ lawyers in multiple states, Mike has built Hilgers Graben into a very viable option for sophisticated clients looking for cost-effective, but still top-drawer, representation in litigation matters. What is striking about how Mike and his colleagues position their firm is how they have turned their unique geographic setup into a marketing tool, by what Mike calls “Geo-Arbitrage” —  clients can enjoy Biglaw-caliber legal representation at a fraction of the cost due to the firm’s main location in Nebraska instead of a major metropolis. (Their Lincoln headquarters is stocked with alums of law schools like University of Chicago, Harvard, and Stanford.) In my view, this approach provides a great example of a firm approaching marketing from the position of playing to its strengths, while recognizing — but also answering — potential client concerns about the firm’s resources and ability to compete with Biglaw alternatives. 

Overall, I found Mike’s story a very interesting one, and he graciously agreed to a written interview for this audience. As usual, I have added some brief commentary to the answers below and in next week’s second installment, but have otherwise presented Mike’s answers as he provided them.

1) You were local counsel in a very large ($100M+ damages claim) patent case in Nebraska recently. While that role sometimes gets short-shrift, you ended up having a key role throughout, including at trial. What did that experience teach you?

MH: Be grateful to those who give you opportunities and look to pay it forward. Opportunities in big trials do not come around very often, and the major pieces of the case, from picking the jury, to openings, key crosses, and closing, often go to the most senior lawyers on the lead trial team. My co-counsel and team are as good as it gets and they gave me the opportunity to play a meaningful role in a big case — roles they could have saved for themselves. I’ll forever be grateful for the opportunity and I am always looking to pay that forward in other cases.

Having local expertise is important, but less so than you might think or might have been true in years past. It is possible to have a nationwide federal court practice even if you’re not located in that jurisdiction. That is especially true with patent litigation. With the Federal Circuit hearing nationwide appeals on patent cases, you have one court setting standards nationwide, and with top patent venues adopting similar model patent rules, the process is largely familiar across districts. Trials, hearings, and Markman typically happen with enough advance notice that you can travel for the hearing. That isn’t meant to minimize the importance of knowing the judges, or the juries, and having a local presence (and our Texas presence is important for cases in the Eastern District), but it is not always necessary to be personally located in the district to have a successful practice there.

GK: Mike’s message about gratitude and paying things forward should resonate with each of us. The impetus is on us as lawyers to demonstrate gratitude to those who have entrusted us with opportunities, while never shying away from affording similar opportunities to those we work with or supervise. Likewise, Mike’s point about the basic contours of patent litigation being similar nationwide resonates with me, especially in light of the experiences I referenced at the beginning of this column. 

Next week, we will conclude our interview with Mike, focusing his experience as a Biglaw refugee running a law firm from the heartland.

Please feel free to send comments or questions to me at gkroub@kskiplaw.com or via Twitter: @gkroub. Any topic suggestions or thoughts are most welcome.

Gaston Kroub lives in Brooklyn and is a founding partner of Kroub, Silbersher & Kolmykov PLLC, an intellectual property litigation boutique, and Markman Advisors LLC, a leading consultancy on patent issues for the investment community. Gaston’s practice focuses on intellectual property litigation and related counseling, with a strong focus on patent matters. You can reach him at gkroub@kskiplaw.com or follow him on Twitter: @gkroub.

Kinney Recruiting has been contacted by a leading litigation boutique in New York, NY, to conduct a search for a mid-level litigation associate.  The ideal candidate will have two (2) to five (5) years of litigation experience at a large firm on matters such as breach of contract actions, employment litigation, white collar defense and investigations, and other complex commercial litigation.  Candidates must have a federal clerkship or a New York appellate clerkship (New York Appellate Division or New York Court of Appeals).  Exceptional academic achievement at a nationally-recognized U.S. law school and admission to the New York bar are required.

To be considered, please apply through this posting or submit your resume to jobs@kinneyrecruiting.com.